Terms and Conditions
UNIVERS Capital GmbH’s General Terms and Conditions for Use of the Platform
Effective: August 1, 2026
UNIVERS Capital GmbH, headquartered in Berlin, with its place of business at Grolmanstr. 36, 10623 Berlin (hereinafter also referred to as “UNIVERS Capital”), is the owner of the technical Internet platform “www.universcapital.de” (hereinafter also referred to as the “Platform”) and operates it as a technical service provider. In addition, UNIVERS Capital makes the platform available to various providers who use it to directly market their respective products. The platform enables visitors to access information provided by the providers regarding real estate projects, securities, and special AIFs and—after registering as a user—to purchase securities, special AIFs, or other investment products directly from the respective providers. The user’s contractual partner for the purchase of securities, special AIFs, or other investment products is exclusively the respective provider. UNIVERS Capital is not a party to the contract in this regard and acts solely as a service provider for the technical operation of the platform.
1. DEFINITIONS
For the purposes of these General Terms and Conditions (“GTC”), the following definitions apply in addition to the terms defined in the text:
· “Visitor”/“Platform Visitor”: any unregistered visitor to the platform.
· “User”/“Platform User”: a visitor to the platform who has successfully registered with a real estate company.
· “Investor”: A user of the Platform who has purchased an investment product.
· “Real Estate Company/Project Company”: A company that, as a borrower for a real estate project, raises capital via the Platform from investors acting as lenders or enters into a loan agreement with a bank; for example, a property developer, a project developer, or a project or financing company established specifically for a real estate project.
2. SCOPE OF APPLICATION
Upon successful registration, a contractual relationship is established between UNIVERS Capital and the users of the platform in accordance with these Terms and Conditions regarding the technical use of the platform (“Platform Usage Agreement”). The legal relationship between UNIVERS Capital and the users of the platform is governed exclusively by the following provisions of these Terms and Conditions.
3. USE OF THE PLATFORM
1. As a technical service provider, UNIVERS Capital enables visitors to access information provided by real estate companies regarding real estate projects and financing agreements. It is solely the responsibility of the individual real estate companies to make the information relevant to users—for their decision regarding the conclusion of financing agreements—available on the platform. In particular, UNIVERS Capital does not verify the accuracy or completeness of the information provided by real estate companies, nor does it assess whether or to what extent entering into financing agreements regarding the respective real estate project makes economic sense for the individual user. Each user makes this assessment independently and at their own risk. The user is expressly advised to review the risk disclosures contained in the respective documents pertaining to the real estate companies’ offers. The user should only make an investment after having fully read and understood the risk disclosures.
2. UNIVERS Capital notes that it does not conduct any creditworthiness checks on the project companies, nor does it verify the plausibility or consistency of the overall picture presented by the information provided by the real estate companies regarding real estate projects and financing agreements.
3. The real estate company is solely responsible for the accuracy, completeness, and timeliness of the information made available regarding the real estate projects and financing agreements—including during the term of the financing agreements.
4. The technical provision of information on the platform by UNIVERS Capital and the ability to enter into contracts via the platform do not constitute a recommendation, brokerage, or investment advice from UNIVERS Capital. UNIVERS Capital does not verify whether the financing agreements offered by the real estate companies align with the users’ investment objectives. No suitability assessment is conducted in this regard.
5. The technical provision of information on the platform by UNIVERS Capital on behalf of the real estate companies and the ability to enter into contracts via the platform also do not constitute legal or tax advice from UNIVERS Capital. Users are strongly advised to seek advice on economic, tax, and legal matters—in particular from an attorney and a tax advisor—before entering into financing agreements.
6. Use of the platform is free of charge for visitors and users.
7. Any comments, information, or documents posted on the platform or its associated blogs that violate applicable laws or are otherwise inappropriate—in particular, those containing racist, pornographic, offensive, or immoral content—are prohibited. Violations of this provision may result in the platform user being liable for damages, the deletion of the affected posts, and/or the immediate exclusion of the platform user from further use of the platform.
8. To the extent that real estate companies on the platform provide links to third-party websites containing external content, such external content is reviewed exclusively by the real estate companies at the time the link is first established to determine whether it gives rise to civil or criminal liability. It cannot be ruled out that the content may be subsequently modified by the respective providers. Users of the platform are advised to familiarize themselves with the applicable terms and conditions and the privacy policy/notices of the respective providers on the pages to which they are redirected or linked.
9. In the event of indications of misuse of the platform—in particular, if contracts are concluded via the platform without fulfilling the payment obligations arising from the relevant financing agreements—UNIVERS Capital reserves the right to exclude the user from using the platform with immediate effect.
10. UNIVERS Capital has the right to reduce, expand, or otherwise modify the services offered to users on the platform at any time if this becomes necessary for good cause. A valid reason exists, in particular, if the services violate a statutory prohibition, cause significant tax disadvantages for UNIVERS Capital or the users of the platform, or suffer from significant legal defects. However, UNIVERS Capital is under no obligation to do so. Users of the platform will be informed in a timely manner prior to any change in services via email or on the website.
4. LIABILITY
1. UNIVERS Capital bears unlimited liability to the user/investor for injury to life, limb, or health, and for damages resulting from the intentional or grossly negligent breach of its contractual obligations under the Platform Usage Agreement.
2. Furthermore, in cases of slight negligence, UNIVERS Capital is liable only for breaches of material contractual obligations—that is, breaches of obligations whose fulfillment is essential to the proper performance of the Platform Use Agreement and on whose compliance the contracting party may reasonably rely (“material contractual obligation”). In the event of a breach of an essential contractual obligation due to slight negligence, liability is limited to such typical damages and/or such a typical extent of damages as were foreseeable at the time the respective contract was concluded.
3. The foregoing limitations of liability also apply in the event of fault on the part of a vicarious agent of UNIVERS Capital, as well as to the personal liability of UNIVERS Capital’s employees, agents, and governing bodies.
4. UNIVERS Capital assumes no liability whatsoever for the statements and information provided on the platform by real estate companies, in particular regarding real estate projects and financing agreements.
5. TERM AND TERMINATION OF THE PLATFORM
1. Use of the platform is for an indefinite period and may be terminated at any time by UNIVERS Capital or the platform user in writing.
6. AVAILABILITY OF THE PLATFORM
UNIVERS Capital strives to ensure comprehensive availability of the platform to the extent that is technically and economically reasonable. However, for technical reasons, users of the platform cannot be guaranteed availability at all times. In particular, maintenance, security, or capacity issues, as well as events beyond UNIVERS Capital’s control, may lead to a temporary suspension of the services offered and the platform’s accessibility. UNIVERS Capital assumes no liability for technical difficulties experienced by users of the platform or by third parties. UNIVERS Capital reserves the right to temporarily restrict access to the platform at any time if this is necessary due to capacity limits, the security of UNIVERS Capital’s systems, the implementation of technical measures, or for any other important reason.
7. RECORDING OF TELEPHONE CALLS
1. UNIVERS Capital records telephone calls and electronic communications (e.g., email, chat, video calls, messaging services) related to the initiation/acceptance, transmission, and execution of orders from visitors and users on audio or data storage media and retains these recordings in accordance with a legal obligation. This applies regardless of whether these communications are conducted using employees’ work or personal telephones. A copy of the recordings of these conversations and communications with customers will be available for a period of five years—or, if requested by the Federal Financial Supervisory Authority (BaFin), the Financial Market Authority, or other regulatory authorities, for a period of seven years—and will be provided to visitors and users free of charge upon their request. This applies only if UNIVERS Capital has its own telephone line.
2. UNIVERS Capital is also entitled to record telephone conversations related to the conduct of the client relationship that are not order-related on audio or data storage media and to retain these recordings. This includes, in particular, telephone conversations regarding complaints. The recording is made for evidentiary purposes. This, too, applies only if UNIVERS Capital uses its own telephone line.
3. Before beginning to record telephone conversations, UNIVERS Capital will inform visitors and users of the purposes of the recording and request their consent, unless the user has already granted UNIVERS Capital general consent to record telephone conversations. UNIVERS Capital is entitled, but not obligated, to prepare transcripts of the recordings. The recordings may be used as evidence in any legal disputes.
8. DATA PROTECTION, CONFIDENTIALITY
1. The collection, processing, and use of personal data in connection with registration are carried out in strict compliance with data protection regulations. The processing of personal data serves to fulfill UNIVERS Capital’s legal obligations. Further information on this can be found in the privacy notice under “Data Protection,” available at https://universcapital.de/datenschutz/.
2. Users of the platform must treat the contents of the concluded financing agreements, as well as the associated reports and other information, as confidential. Information about real estate companies and real estate projects may only be used for the purposes pursued by the platform and specified in these Terms and Conditions.
3. UNIVERS Capital, in its capacity as a service provider, manages the data provided by visitors and users.
4. UNIVERS Capital reserves the right to review the data and/or information and documents of visitors/users of the platform on a random basis.
End of Notice
9. CHANGES TO THESE TERMS
1. UNIVERS Capital is entitled to amend these Terms and Conditions if such amendments are reasonable for the user, in particular to account for changes in circumstances over which UNIVERS Capital had no control (e.g., changes in the law, provided that their specific content was not already foreseeable—such as during the period between the conclusion of the formal legislative process and the law’s entry into force —or in the event of changes to regulatory requirements) or to close a loophole in the terms and conditions (e.g., if a court were to declare a clause invalid). UNIVERS Capital’s right to make amendments does not apply to essential provisions of these Terms and Conditions (provisions whose fulfillment is essential for the proper performance of the contract and on whose compliance the user regularly relies and is entitled to rely), such as the contract term and the right of termination.
2. Users of the platform will receive the amended Terms and Conditions via email no later than four (4) weeks before they take effect. UNIVERS Capital will also post a notice regarding the amendment of these Terms and Conditions on the platform itself. If registered users of the platform do not object to the validity of the amended Terms and Conditions within four (4) weeks of receiving notification of the amendment to these Terms and Conditions, the amended Terms and Conditions shall be deemed accepted by them. In its capacity as a service provider, UNIVERS Capital will separately inform registered users of the platform in the notification regarding the amendment to these Terms and Conditions of the legal consequences of remaining silent.
10. FINAL PROVISIONS
1. These Terms and Conditions and the legal relationship between UNIVERS Capital and the users are governed by the laws of the Federal Republic of Germany, excluding the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods as incorporated into German law. The place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) with respect to the Platform Usage Agreement is the registered office of UNIVERS Capital.
2. As a technical service provider, UNIVERS Capital does not participate in dispute resolution proceedings before a consumer arbitration board.
3. Should individual provisions of these Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.